URGENT Need Help L1B Visa is valid end of 2013 but I-94 extn request received RFE


raj1983

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Posted

Hi,

I have visa validity untill 2013 end. But I received I-94 which is valid until 2012. I submitted for extension of I-94 but received RFE.

There was no reason why I received lesser I-94, as my passport is valid until 2016.

I have following options now.

1) Respond to RFE and hope for best.

2) Submit for withdrawal and moveout of country.

I have questions about withdrawal process. How much time it takes to process withdrawal of a petition ?? How long I have to be out of country before I can re-enter ?

Are there any complexities in case withdraw a petition where I have received RFE ??

Please help.

Thanks

Posted

Generally, if a foreign national enters the U.S. with a valid L-1 issued under a company's Blanket, he/she will be admitted for 3 years (assuming this would not take the individual past the 5/7 year maximum in L status.) When CBP fails to grant the full 3 years (which happens in error quite frequently) it is generally possible to go back to a port of entry and have it corrected. However, doing so after the I-94 has expired may make getting this done more difficult.

Another possibilithy for foreign nationals who are in valid status (or in a period of authorized stay) would be to leave the U.S. and re-enter with the L-1 visa, ensuring that CBP properly provides the full 3 years on the new I-94.

You may wish to schedule a consult with one of our attorneys to review the entire situation in more detail. I can only provide general advice on the forum, and I would require a more understanding of what transpired in order to properly advise you.

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